Getting Started with a 1031 Exchange

STEP 1 – Contact Exchange Resource Group immediately upon deciding to do an exchange to ensure proper document preparation and coordination of all parties, including real estate agent, tax advisor and title company.

STEP 2 – Discuss your exchange with your tax advisor.

STEP 3 – Make sure that the real estate contracts have the 1031 terminology in the contract that allows for the assignment & indicates your intent to do an exchange.

Sample Terminology for Real Estate Contracts (Taxpayer should consult their tax advisor or real estate professional as this is suggested language only):

“Both the Seller and the Buyer hereto agree to cooperate with each other in a manner necessary to enable either party to qualify for a IRC Section 1031 tax-deferred exchange at no additional cost or liability to either party. Either party’s rights and obligations will be assigned to Exchange Resource Group to facilitate such exchange.”

STEP 4 – New property must be identified within 45 days of the closing of the old property.

STEP 5 – Acquisition of the new property must be completed within 180 days of the closing of the old property.

Our Guarantee

U.S. Tax Code, Title 26, Section 1031: "No gain or loss shall be recognized on the exchange of property held for productive use in a trade or business or for investment, if such property is exchanged solely for property of like-kind which is to be held either for productive use in a trade or business or for investment.